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Proviso for

Jurisdiction of
Cinque Ports

Public Act.

XXI. Provided always, That nothing herein in this Behalf contained shall extend, or be construed to extend, to affect or impeach the Jurisdiction to be exercised within the Cinque Ports, or to affect or abridge in any Degree the Jurisdiction or Authority of the High Court of Admiralty.

XXII. And be it further enacted, That this Act shall be a Public Act, and shall be judicially taken Notice of as such, by all Judges, Justices and others, without being specially pleaded.

[See Cap. 75. § 27. ante.]

The SCHEDULE to which this Act refers.

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Day of before, &c.

A. B. [here insert the Name of
the Salvors] against the said
whereof
Ship

was Master, her Tackle,
Apparel and Furniture, and the
Goods, Wares and Merchandizes
on board the same; and also
against the said

Master, and the Owners of
the said Ship and Cargo, [or as
the case may be, against certain
Goods and Merchandizes lately
laden on board the said Ship,
whereof
was Master;

and also against the said

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On which Day appeared personally W. Z. of

and Y. Z. of

who

produced themselves as Sureties for the said the

Master, and for the Owners of the said Ship and Cargo, [or, as the case may be,] for the said Master and Owners

of the said Goods and Merchandizes, and submitting themselves to the Jurisdiction of the High Court of Admiralty of England, [or, the Court of Admiralty for the Cinque Ports, as the case may be,] bound themselves, their Heirs, Executors and Administrators, for the said Master and Owners of the said Ship and Cargo, [or, as the case may be,] for the said

Master, and the Owners (or if the Owners alone appear by themselves or Agents, then leave out the Master's Name) of the said Goods and Merchandizes,] in a Cause of Salvage. Master and Owners, or for the Owners of the said Goods and Pounds of lawful Merchandizes, in the Sum of

Money of Great Britain, unto the said A. B. &c. to answer the
Salvage and Expences of the said Ship and Cargo, [or, as the case
may be,] on the said Goods and Merchandize, as shall hereafter
be decreed by the said Court, according to the Tenor of the Act
in that Behalf made and provided; and unless they shall so do,
they hereby consent that Execution shall issue forth against them,
their Heirs, Executors and Administrators, Goods and Chattels,
wheresoever the same shall be found, to the Value of the Sum
above mentioned.

This Bail was duly taken, acknowledged and]
received at the Time and Place above written,
before me the undersigned Commissioner;
and I do hereby further certify, that I do
believe and consider the Persons above men-
tioned sufficient Security for the Sum of
Pounds.

W.X.

Y. Z.

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CA P. LXXVII.

An Act to abolish the Payment, by Prisoners in Ireland, of
Gaol Fees, and all other Fees relating to the Commitment,
Continuance, Trial or Discharge of such Prisoners, and to
prevent Abuses by Gaolers, Bailiffs and other Officers.
[2d July 1821.]

HEREAS it is expedient that all Fees and Gratuities now payable by Prisoners in Ireland, at the several Gaols and 'Bridewells in Ireland, and all other Fees relating to the Commit'ment, Continuance, Trial or Discharge of such Prisoners, should 'be abolished;' Be it therefore enacted by The King's Most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after All Gaol Fees the Expiration of Fourteen Days next after the passing of this Act, abolished in all Fees and Gratuities whatever, paid or payable by any Prisoner Ireland. in Ireland, on the Entrance, Commitment, Continuance in Custody or Discharge of any such Prisoner, to, in or from any Prison in Ireland, shall absolutely cease and determine; and that no Fee or Gratuity whatsoever shall be paid or payable by any such Prisoner; any Law, Custom or Usage to the contrary in anywise notwithstanding.

Prisoners not to be detained in Custody for of the Crown, &c. under 49 G. 3. c. 101.

Fees to Clerk

· II. And Whereas Prisoners have been frequently detained in Custody for Fees due to the Clerks of the Crown, Clerks of the Peace, and other Officers, and were, during such Detention, supported at the public Expence, and great Inconvenience has arisen thereby from the crowded State of the Gaols and Bridewells in • Ireland ;' Be it therefore enacted, for Remedy hereof, That from and after the Expiration of Fourteen Days next after the passing of this Act, no Prisoner shall be detained for his Fees only, and that no Fee whatsoever shall be taken or demanded from any Prisoner, by any Clerk of the Crown or his Deputy, Clerk of the Peace or his Deputy, Sheriff, Under Sheriff, Gaoler, Turnkey, Crier or other Officer; any thing in an Act made in the Forty ninth Year of His said late Majesty's Reign, for regulating the Fees payable by Persons charged with Treason, Felony and other Offences, at Assizes and Quarter Sessions in Ireland, or any other Act or Acts, or any Usage or Custom to the contrary notwithstanding. III. And be it further enacted, That the several Local Inspectors shall and they are hereby required to affix, in the several Prisons for which such Local Inspectors are appointed, Notice of the Abolition of all Prison Fees, in such Form and Manner as are or may be required by any Act passed or to be passed in this Session of Parliament; and if no Local Inspector be appointed, then the Gaolers or Keepers of such Prison are hereby required to affix the same; and if the said Inspectors, Gaolers and Keepers shall neglect to affix such Notice as aforesaid, any Inspector, Gaoler or Keeper so offending shall for every such Offence forfeit the Sum of Five Pounds; and that the Expence of fixing such Notices and Penalty 51. renewing the same be charged by every Local Inspector, Gaoler

or Keeper to the Account of the Prison Necessaries furnished, provided and accounted for by him.

1 & 2 GEO. IV.

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IV. And

Notice to be affixed in Prisons of the

Abolition of all
Prison Fees.

Grand Juries

may make Pre

sentments for Fees of Prisoners discharged.

Amount of

to be ascer

tained as under 49 G. 3. c. 101

IV. And be it further enacted, That it shall and may be lawful to and for the several Grand Juries of the several Co unties, Counties of Cities and Counties of Towns in Ireland, in addition to the Sums which they are at present authorized to present off the several Counties, Counties of Cities and Counties of Towns respectively, to present for the several Clerks of the Crown, Clerks of the Peace, and other Officers, and their Deputies, Sheriffs, Under Sheriffs, Gaolers, Turnkeys and Criers, such a Compensation to the said Officer, for the Fees of Prisoners discharged without Payment of Fees, pursuant to the Provisions of this present Act, as would have been payable by such Prisoners themselves, if this Act had never passed.

V. Provided always, and be it enacted, That the Sums to be Fees presented presented by any Grand Juries under this Act, shall not in any case exceed the Amount of the Fees which would have been payable by the Prisoners if the present Act had not been made, and that such Amount shall be fixed and ascertained in the Manner provided by the said recited Act passed in the Forty ninth Year of His late Majesty's Reign, with respect to the fixing and ascertaining the Amount Presentments to be made in lieu of Fees of Persons discharged without Fees.

Prisoners transita.

Taking Fees contrary to this Act.

Penalty 51.

Proviso for
Marshalsea.

Extortion and Abuses committed by Gaolers, &c.

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VI. And be it further enacted, That no Presentment shall be made for the Keeper of any Bridewell, for the Fees of any Prisoner who shall have been lodged in such Bridewell, in transitu, to the County Gaol.

VII. And be it further enacted, That if any Clerk of the Crown or Clerk of the Peace, or any of their Deputies, or any Sheriff or Under Sheriff, or any Gaoler or Under Gaoler, or any Turnkey or Crier at Assizes or Sessions, or any Person acting under them or any of them, shall demand, take or accept any Fee, Gratuity or Reward whatever, directly or indirectly, on the Commitment, Custody, Trial or Discharge of any Prisoner or for any Matter or Thing whatsoever relating thereto, contrary to the Directions of this Act, each and every Person so offending shall for each and every such Offence forfeit the Sum of Five Pounds British Currency, to be recovered in any of His Majesty's Courts of Record in Dublin, by Action of Debt, Bill or Plaint, in which no Essoign, Protection or Wager of Law, nor more than One Imparlance shall be allowed; or by Civil Bill, to be heard and determined by the Assistant Barristers at the Sessions of the Peace in such Counties where the said Offences shall be committed.

VIII. Provided always, and be it enacted, That nothing in this Act contained shall extend to the Marshalsea of the Four Courts of the City of Dublin, nor to the Marshalsea of the City of Dublin. IX. And for the more speedy punishing Gaolers, Bailiffs and others employed in the Execution of any Process Civil or Criminal, for Extortion or other Abuses in their respective Offices and Places; Be it further enacted, That upon the Petition of any Prisoner or Person, being or having been under Arrest or in Custody, complaining of any Exaction or Extortion by any Gaoler, Bailiff or other Officer or Person in or employed in the keeping or taking Care of any Gaol or Prison or other Place to which any such Prisoner or Person, under or having been under Arrest, or in Custody, by any Process Civil or Criminal, or in any Suit or Action,

is or shall have been carried, or in respect of the arresting or apprehending any Person or Persons, by virtue of any Process, Action or Warrant, or of any other Abuse whatsoever, committed or done in their respective Offices or Places, such Petition being presented in Term Time unto any of His Majesty's Courts of Re- Relief upon cord in Dublin, from whence the Process issued by which any Petition. Person who shall so petition was arrested, or under whose Power or Jurisdiction any such Gaol, Prison or Place is, or in Vacation Time to any Judge of such Court from whence such Process so issued, or upon Petition to the Judges of Assize in their respective Circuits, or to the Judge or Judges of any other Court of Record, where any Prisoner or Person, being or having been under Arrest or in Custody, was arrested or in Custody by Process issued out of or Action entered in any such other Court of Record in Ireland, every such Court or Judge, and every Judge of Assize, and Judge and Judges of other Courts of Record as aforesaid, are hereby authorized and required respectively, within their several Jurisdictions, to hear and determine the Matter of such Petition and Complaints in a summary Way, and to make such Order thereupon, for redressing the Abuses which shall by any such Petition be complained of, and for punishing such Officer or Punishment. Person complained against, and for making Reparation to the Party or Parties injured, as such Courts or Judges shall think just, together with the full Costs of every such Complaint, where such Costs. Courts or Judges shall think the same to be just; and all Determinations which shall be thereupon made by any of the said Courts or Judges as aforesaid respectively, in such summary Way as is herein prescribed, shall have the same Effect, Force and Virtue, and Obedience thereunto may be enforced by the respective Courts and Judges, by Attachment, or in any other Manner, as other Orders of the said respective Courts and Judges may be enforced.

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CA P. LXXVIII.

An Act to regulate Acceptances of Bills of Exchange.

[2d July 1821.]

W HEREAS according to Law as hath been adjudged,

where a Bill is accepted payable at a Banker's, the Ac-2.B. B. 165

‹ ceptance thereof is not a general but a qualified Acceptance:

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And Whereas a Practice hath very generally prevailed among

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• Merchants and Traders so to accept Bills, and the same have, among such Persons, been very generally considered as Bills generally accepted, and accepted without Qualification: And • Whereas many Persons have been and may be much prejudiced and misled by such Practice and Understanding, and Persons accepting Bills may relieve themselves from all Inconvenience, by giving such Notice as hereinafter mentioned of their Intention to make only a qualified Acceptance thereof;' Be it therefore enacted by The King's Most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the First Day of August Bills accepted now next ensuing, if any Person shall accept a Bill of Exchange, payable at a payable Banker's or

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other Place,

deemed a general Accept

ance.

Bills accepted payable at a Banker's or other Place

only, deemed a qualified Acceptance.

Acceptance to

on the Bill.

payable at the House of a Banker or other Place, without further Expression in his Acceptance, such Acceptance shall be deemed and taken to be, to all Intents and Purposes, a general Acceptance of such Bill; but if the Acceptor shall in his Acceptance express that he accepts the Bill, payable at a Banker's House or other Place only, and not otherwise or elsewhere, such Acceptance shall be deemed and taken to be, to all Intents and Purposes, a qualified Acceptance of such Bill, and the Acceptor shall not be liable to pay the said Bill, except in default of Payment when such Payment -shall have been first duly demanded at such Banker's House or other Place.

II. And be it further enacted, That from and after the said First be in Writing Day of August, no Acceptance of any Inland Bill of Exchange shall be sufficient to charge any Person, unless such Acceptance be in Writing on such Bill, or if there be more than one Part of such Bill, on one of the said Parts.

48 G. 3. c. 110.

1.

52 G. 3. c. 153.

54 G. 3. c. 102.

CA P. LXXIX.

An Act to repeal certain Bounties granted for the Encourage-
ment of the Deep Sea British White Herring Fishery, and
to make further Regulations relating to the said Fishery.
[2d July 1821.]

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WHEREAS by an Act passed in the Forty eighth Year of

the Reign of His late Majesty King George the Third, for the further Encouragement and better Regulation of the • British White Herring Fishery, it is among other Things enact'ed, that from and after the First Day of June One thousand eight hundred and nine, a Bounty of Three Pounds per Ton 'shall be paid annually, in the Manner therein prescribed, to the Owner or Owners of any whole decked Buss or Vessel, of not 'less than Sixty Tons Burthen, or any Person or Persons hiring 'the same, being British built, owned in Great Britain, and manned, navigated and registered according to Law, which shall be 'fitted out for, and be actually employed in the Deep Sea British • White Herring Fishery, on the Coasts of Great Britain or Ire• land in the Manner and under the Regulations therein particu

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larly prescribed: And Whereas another Act was passed in the 51 G. 3. c. 101. Fifty first Year of the Reign of His said late Majesty, for amending the said Act: And another Act was passed in the Fifty 'second Year of the Reign of His said late Majesty, to rectify a • Mistake, and to carry into more effectual Execution the Purposes of the said recited Act; which several Acts, by an Act passed in the Fifty fourth Year of the Reign of His said late Majesty, were continued to the End of the then next Session of Parliament: And Whereas by an Act passed in the Fifty fifth Year of the Reign of His said late Majesty, the said Acts were further amended and made perpetual: And Whereas it is ex'pedient that the said Bounty should be repealed;' Be it therefore enacted by The King's Most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the said Bounty of Three Pounds per Ton shall, from and after the First Day of June One thousand eight hundred

-55 G. 3. c. 94.

How far the
Bounty of 31.

and

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